STATE OF FLORIDA

DEPARTMENT OF CHILDREN AND FAMILIES

IN THE MATTER OF

A Civil Penalty Against

Certified Mail 7009 3410 0001 6527 7587

Return Receipt Requested

First Baptist Church of South Daytona OBA

First Baptist Church of South Daytona Afterschool/Preschool 2197 Kennilworth Avenue

South Daytona, FL 32119

ADMINISTRATIVE COMPLAINT

YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of One Thousand and Seventy Dollars ($1070.00), against First Baptist Church of South Daytona Afterschool/Preschool. As grounds for the imposition of this penalty, the Department states the following:

1. The State of Florida, Department of Children and Families (DCF) has

   jurisdiction over this matter by virtue of the provisions of Sections 402.301 -402.319, Florida Statutes.

   
   

2. The Respondent, First Baptist Church of South Daytona, is licensed to operate First Baptist Church of South Daytona Afters.chool/Preschool -License# C07VO0066, located at 2197 Kennilworth Avenue, South Daytona, Florida, 32119 as a Child Care Facility in compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 65C-22.

   
   

   Violation

3. During an inspection on May 14, 2010, a DCF Licensing Counselor determined that:

   
   

   Staff member C.0. (hired at the facility on March 30, 2009 but started with in the child care industry August 09, 2006) had not completed the 40 clock-hour Introductory Child Care Training requirement. The training was not completed until September 10, 2010, well beyond the required time frame.

   
   

4. FAC Rule 65C-22.003 (2)(a)(1) states All child care personnel must begin training within 90 days of employment and successfully complete training within 12 months from the date training begins. Training completion may not exceed 15 months from the date of employment in the child care industry in any licensed Florida child care facility. Pursuant to the Florida Administrative Code Rule 65C-22.003 this is a Class 3 violation. This same Class 3 violation was previously cited September 14, 2009,

   
   

   Filed March 29, 2011 9:05 AM Division of Administrative Hearings

   January 14, 2010, and February 12, 2010. Pursuant to Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item# 41-Training Requirements, the fine for the 4th class 111 violation is $30 per day. The fine is being assessed from March 30, 2010 one year from date of employment at First Baptist Church of South Daytona Afterschool/Preschool until May 14, 201O the date the 4th violation was cited. The fine for this 4th Class 3 violation is $30 per day for 34 days for a total of $1020.00.

   
   

   Violation II

   
   

5. During an inspection on May 14, 2010, a DCF Licensing Counselor determined that: Documentation of Level 2 screening was missing on staff member LB.

6. FAC Rule 65Ca22.006 (4)(d)1 states Level 2 screening as defined in section 435.04, F.S., which includes at a minimum Federal Bureau of Investigations (FBI), Florida Department of Law Enforcement(FDLE), local law enforcement records checks. For purpose of issuing a license, any out-of-state criminal offense, which if committed in Florida, would constitute a disqualifying felony offense, shall be treated as a disqualifying felony offense for screening purposes. Pursuant to the Florida Administrativ Code Rule 65C-22.006 this is a Class 2 violation. This same Class 2 violation was previously cited September 14, 2009. Pursuant to Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item# 60-Background

   Screening Documents, the fine for this second Class 2 violation is $50.00.

   
   

7. The above referenced violation constitutes grounds to levy this Civil Penalty

   pursuant to ss.402.310(1)(a) and 402.310(4), Florida Statutes as the above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility.

   
   

8. Payment of money order or cashier's check for this fine can be made directly to the Department of Children and Family Services. The mailing address is: 5920 Arlington Expressway, P.O. Box 2417, Jacksonville, FL. 32231, Attention: Child Care Licensure.

   
   

9. Failure to pay the fine imposed in this Administrative Complaint will result in an automatic non-renewal of the license referenced above.

NOTICE OF RIGHTS

NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES

IF YOU BELIEVE THE DEPARTMENT'S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY THE DEPARTMENT WITHIN 21 CALENDAR DAYS OF YOUR RECEIPT OF THIS NOTICE. FAILURE TO REQUEST AN ADMINISTRATIVE HEARING WITHIN THE 21 DAYS PROVIDED SHALL CONSTITUTE A WAIVER OF THE RIGHT TO A HEARING.

You may submit your request for an administrative hearing to the Department at the following addresses:

David Tucker

Chief Legal Counsel

Department of Children & Families

P.O. Box 2417

Jacksonville, FL. 32231-0083

Gregory D. Venz, Agency Clerk Department of Children & Families Office of the General Counsel

1323 Winewood Blvd., Bldg. 1, Suite 407

Tallahassee, FL. 32301

Please note that a request for an administrative hearing must comply with section 120.569(2) (c), Florida Statutes, and Rules 28-106.201 (2), Florida Administrative Code. Those provisions, when read together, require a petition for administrative hearing to include:

1. The name and address of each agency affected and each agency's file or identification number, if known;

2. The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the agency determination;

3. A statement of when and how the petitioner received notice of the agency decision;

4. A statement of all disputed issues of material facts. If there are none, the petition must so indicate;

5. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action;

6. A statement.of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action; and

7. A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency's proposed action.

Section 120.569, Florida Statutes, and rule 28-106.201 (4), Florida Administrative Code, require that a petition to be dismissed if it is not in substantial compliance with the requirements above.

Pursuant to section 120.573, Florida Statutes, the Department advises that formal mediation is not available for this administrative complaint. However, the Department may consider proposals to resolve the complaint without a formal hearing.

STATE OF FLORIDA,

DEPARTM' OF CHILDREN AND FAMI ·

Pamel Buckham Safety Program M,

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City, State, ZIP

STATE OF FLORlt•.,

DEPART1/ OF CHILDRE

Pamel Buckham

Safet Program Manager

First Baptist Church of South Daytona Afterschool / Preschool

2197 Kennilworth Ave. South Daytona, FL 32119

Docket for Case No: 11-001580